Section 16 in The Orissa Co-operative Societies Act, 1962
16. Persons who may become members.
- [(1) No person shall be admitted as a member of -(a)a Primary Society, except individuals competent to enter into a contract under Section 11 of the Indian Contract Act, 9 of 1872, residing in the area of operation of the Society as specified in its Bye-Laws, and the State or Central Government, or both such Governments, as the case may be :Provided that nothing in this clause shall debar a student, who is a minor, from becoming a member of a Society formed for the benefit of the students of an educational institution, or a person who is not an individual, from becoming a nominal member:Provided further that not more than three individuals from the same family shall be admitted as members.] [Substituted by Orissa Act No. 28 of 1991, Section 12 (a) force w.e.f. 11.9.1992.][Provided also that nothing in this clause shall debar the Co-operative Societies to admit Self-Help Groups as member;] [Substituted by Orissa Act 1 of 2008 Section 5 (i) (O.G.E. No. 654 dated 20.3.2008).]Explanation - A joint Member consisting of two individuals related to each other as husband and wife shall be deemed to be one individual for the purpose of this clause;(b)a Society other than a Primary Society, except the following, namely :(i)any Society;(ii)the State Government;(iii)the Central Government; and(iv)any other person as may be prescribed;(v)[ a Co-operative registered under the Orissa Self-Help Cooperatives Act, 2001.] [Inserted by Orissa Act 1 of 2008 Section 5 (ii) (O.G.E. No. 654 dated 20.3.2008).][* * *] [Omitted by Orissa Act No. 7 of 1996, Section 3 (i) dated 22.4.1996.][(1-a) Notwithstanding anything to the contrary contained in any other provisions of this Act and the rules or bye-laws framed thereunder, the members of the Committee including the co-opted members, if any, but excluding the members nominated or appointed under Clause (ii) of Sub-section (1-b) of Section 28, Sub-section (1) of Section 31 and Sub-section (1) of Section 32, of the primary Societies affiliated to the Central Society or an Apex Society shall be deemed to be the members of their respective Central Society or, as the case may be, the Apex Society or both, with effect from the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 1997 so long as they continue as member of the Committees of Primary Societies.(1-b)(i) The members of the Primary Societies who were deemed to be the members of their respective Central Society or, as the case may be, the Apex Society or both, prior to the date of the commencement of the Orissa Co-operative Societies (Amendment) Act, 1997, shall be deemed to have ceased to be members of such societies with effect from the date of such commencement.(ii)Upon such cessation ;(a)the central or Apex Society, as the case may be, shall refund the share capital contribution made and membership fees paid, if any, to the said members.(b)the member shall liquidate the liabilities incurred, if any, in the capacity as deemed member of the Central Society or as the case may be, Apex Society in accordance with the schedule of repayments determined or to be determined by the said Society.](2)[ No Society shall, without sufficient cause, refuse admission as a member to any person who is duly qualified therefor and the decision refusing admission shall be communicated by the Society to the person concerned with reasons for such refusal within [ninety days] [Substituted by Orissa Act 25 of 1975, Section 2 dated 16.5.1975.] from the date of the application for membership failing which such person shall be deemed to have been admitted as a member of the Society with effect from the date following the date of expiration of the said period of [ninety days] [Substituted by Orissa Act 28 of 1991, Section 12 (b), 12 (c) dated 31.12.1991, w.e.f. 11.9.1992.].(2-a) Where a person is deemed to have been admitted as a member of a Society in pursuance of the preceding sub-section, the Society may file an application before the Registrar within sixty days from the date with effect from which such person is deemed to have been admitted as a member for cancellation of the membership, whereupon the Registrar shall, after making such enquiry as he deems fit, pass such order as he thinks proper.] [Substituted by Orissa Act No. 4 of 1997, Section 2 dated 23.5.1997.](3)[ Notwithstanding anything contained in Sub-section (1), no individual shall be eligible to become a member of a Society-(a)which is organised for promotion of the economic interests of any particular professional or occupational group of individuals, unless such individual, pursues such profession or occupation; or(b)if he or any member of his family having common economic interest with him carries on any business as is likely to be prejudicial to the business or interest of the Society.Explanation - For the purposes of this Sub-section -(a)the business of money-lending shall be deemed to be prejudicial to the business or interest of a Primary Agricultural Credit Society, Co-operative Bank or a [Co-operative Agricultural and Rural Development Bank;](b)the business carried on by a trader shall be deemed to be prejudicial to the business or interest of a Marketing Co-operative Society and Consumers Co-operative Society;(c)the business carried on by a contractor shall be deemed to be prejudicial to the business or interest of a Labour Contract Co-operative Society and a Forest Marketing Co-operative Society;(d)the business in milk and milk-products carried on by a person shall be deemed to be prejudicial to the business or interest of a Milk Co-operative Society;(e)the business in oil-seeds and oil-seed-products carried on by a person shall be deemed to be prejudicial to the business or interest of an Oil-seed Grower's Co-operative Society; and(f)a family member of an individual shall, unless the contrary is proved be deemed to have common economic interest with such individual.(4)Any person continuing as a member of a Society in contravention of the provisions of this Section shall cease to be such member with effect from the date of commencement of Section 12 of the Orissa Co-operative Societies (Amendment) Act, 1991;] [Substituted by Orissa Act 28 of 1991, Section 12 (b), 12 (c) dated 31.12.1991, w.e.f. 11.9.1992.](5)[ * * *] [Omitted by Orissa Act 28 of 1991, Section 12 (d) dated 31.12.1991, force w.e.f. 11.9.1992.]
